|
Scammell And Nephew Ltd V Ouston
''G Scammell and Nephew Ltd v HC&JG Ouston'' 9411 AC 251 is an English contract law case, concerning the certainty of an agreement. It stands as an example of a relatively rare case where a court cannot find some way in which a contract can be made to work. Facts The claimants wished to trade in their old van for a new van with the defendants. They agreed a price for the old van’s trade in, but only that they would pay for the new van ‘on hire purchase terms’ for two years. The defendants subsequently pulled out of the agreement, and when the claimants attempted to sue, the defendants argued that the agreement could not be enforced because it was too uncertain. Judgment The House of Lords held this was too vague for the contract to be enforced. There was no objective standard by which the court could know what price was intended or what a reasonable price might be. Viscount Simon LC, Viscount Maugham, Lord Russell and Lord Wright all gave speeches. See also *Contract *E ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Simon, 1st Viscount Simon
John Allsebrook Simon, 1st Viscount Simon, (28 February 1873 – 11 January 1954), was a British politician who held senior Cabinet posts from the beginning of the First World War to the end of the Second World War. He is one of only three people to have served as Home Secretary, Foreign Secretary and Chancellor of the Exchequer, the others being Rab Butler and James Callaghan. He also served as Lord Chancellor, the most senior position in the British legal system. Beginning his career as a Liberal (identified initially with the left wing but later with the right wing of the party), he joined the National Government in 1931, creating the Liberal National Party in the process. At the end of his career, he was essentially a Conservative. Background and education Simon was born in a terraced house on Moss Side, Manchester, the eldest child and only son of Edwin Simon (1843–1920) and wife Fanny Allsebrook (1846–1936). His father was a Congregationalist minister, like three o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Frederic Maugham, 1st Viscount Maugham
Frederic Herbert Maugham, 1st Viscount Maugham, (20 October 1866 – 23 March 1958) was a British barrister and judge who was Lord Chancellor from March 1938 until September 1939. Background and education Born in Paris, Maugham was the second son of Robert Ormond Maugham, a solicitor, by his wife, Edith, daughter of Major Charles Snell. The author W. Somerset Maugham was his younger brother. His grandfather, Robert Maugham, was one of the founders of the Law Society. He was educated at Dover College and at Trinity Hall, Cambridge. He rowed for the winning Cambridge crew in the 1888 Boat Race and was also in the winning Trinity Hall Boat Club coxless four which won the Stewards' Challenge Cup at Henley Royal Regatta that year. He was in the winning Cambridge crew in the Boat Race again in 1889. He also became President of the Cambridge Union Society in Lent Term 1889. Political and legal career Maugham was called to the bar by Lincoln's Inn in 1890, and embarked upon a le ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Frank Russell, Baron Russell Of Killowen
Francis Xavier Joseph Russell, Baron Russell of Killowen, PC, known as Frank Russell (2 July 1867 – 20 December 1946) was a British judge. Early life and career at the bar The fourth son of Charles Russell, Baron Russell of Killowen, the Lord Chief Justice of England, and of Ellen Mulholland, Russell was educated at Beaumont College and Oriel College, Oxford, where he gained a First in Jurisprudence in 1890. He was active in the Oxford Union, and in 1887 made a speech in favour of Home Rule that led A. V. Dicey, an opponent of Home Rule, to write a letter of congratulations to his father. He was called to the bar by Lincoln's Inn in 1893. He practised at the Chancery bar in the chambers of Mr Justice Joyce. In 1908 he was appointed King's Counsel. His practice was very successful, and in 1918 he became one of the 'specials' at the Chancery bar, i.e. a barrister who charged a £50 extra fee for any court appearance. Judicial career In 1919 Russell, a Catholic, appeared ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robert Wright, Baron Wright
Robert Alderson Wright, Baron Wright, (15 October 1869 – 27 June 1964) was a British judge. A commercial barrister, he was a Justice of the High Court from 1925 to 1932, when he was directly promoted to the House of Lords as a law lord. Robert Stevens described him as "one of the few significant British appeal judges of the twentieth century." Early life and career Born in South Shields, Wright was educated at Trinity College, Cambridge, where he took a First and later held a prize fellowship. He was called to the bar in 1900 by the Inner Temple and practiced at the commercial bar, having joined the chambers of Thomas Edward Scrutton. He also lectured on industrial law at the London School of Economics. He took silk in 1917. At the 1923 General election, he stood as the Liberal candidate in the Darlington constituency. The Liberals, who had not contested the seat at the previous election, were not expected to win and he came last. He did not stand for Parliament again. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Consideration In English Law
Consideration is an English common law concept within the law of contract, and is a necessity for simple contracts (but not for special contracts by deed). The concept of consideration has been adopted by other common law jurisdictions, including the US. Consideration can be anything of value (such as any goods, money, services, or promises of any of these), which each party gives as a quid pro quo to support their side of the bargain. Mutual promises constitute consideration for each other. If only one party offers consideration, the agreement is a "bare promise" and is unenforceable. Value According to ''Currie v Misa'', consideration for a particular promise exists where some ''right'', ''interest'', ''profit'' or ''benefit'' accrues (''or will accrue'') to the promisor as a direct result of some ''forbearance'', ''detriment'', ''loss'' or ''responsibility'' that has been given, suffered or undertaken by the promisee. Forbearance to act amounts to consideration only if one is ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Contract Law
English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries across the Commonwealth of Nations, Commonwealth (such as Australian contract law, Australia, Canadian contract law, Canada, Indian contract law, India), from membership in the European Union, continuing membership in Unidroit, and to a lesser extent the United States. Any agreement that is enforceable in court is a contract. A contract is a Voluntariness, voluntary Law of obligations, obligation, contrasting to the duty to not violate others rights in English tort law, tort or English unjust enrichment law, unjust enrichment. English law places a high value on ensuring people have truly consented to the deals that bind them in court, so long as they comply with statutory and UK human rights law, human rights. Generally a contract forms w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Agreement In English Law
In English contract law, an agreement establishes the first stage in the existence of a contract. The three main elements of contractual formation are whether there is (1) offer and acceptance (agreement) (2) consideration (3) an intention to be legally bound. One of the most famous cases on forming a contract is ''Carlill v Carbolic Smoke Ball Company'', decided in nineteenth-century England. A medical firm advertised that its new wonder drug, a smoke ball, would cure people's flu, and if it did not, buyers would receive £100. When sued, Carbolic argued the ad was not to be taken as a serious, legally binding offer. It was merely an invitation to treat, and a gimmick. But the court of appeal held that it would appear to a reasonable man that Carbolic had made a serious offer. People had given good "consideration" for it by going to the "distinct inconvenience" of using a faulty product. "Read the advertisement how you will, and twist it about as you will," said Lindley LJ, "here ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Contract law, like other areas of private law, varies between jurisdictions. The various systems of contract law can broadly be split between common law jurisdictions, civil law jurisdictions, and mixed law jurisdictions which combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed law jurisdictions solely require a meeting of the mind ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Contract Case Law
English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national identity, an identity and common culture ** English language in England, a variant of the English language spoken in England * English languages (other) * English studies, the study of English language and literature * ''English'', an Amish term for non-Amish, regardless of ethnicity Individuals * English (surname), a list of notable people with the surname ''English'' * People with the given name ** English McConnell (1882–1928), Irish footballer ** English Fisher (1928–2011), American boxing coach ** English Gardner (b. 1992), American track and field sprinter Places United States * English, Indiana, a town * English, Kentucky, an unincorporated community * English, Brazoria County, Texas, an unincorporated community * Englis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
House Of Lords Cases
A house is a single-unit residential building. It may range in complexity from a rudimentary hut to a complex structure of wood, masonry, concrete or other material, outfitted with plumbing, electrical, and heating, ventilation, and air conditioning systems.Schoenauer, Norbert (2000). ''6,000 Years of Housing'' (rev. ed.) (New York: W.W. Norton & Company). Houses use a range of different roofing systems to keep precipitation such as rain from getting into the dwelling space. Houses may have doors or locks to secure the dwelling space and protect its inhabitants and contents from burglars or other trespassers. Most conventional modern houses in Western cultures will contain one or more bedrooms and bathrooms, a kitchen or cooking area, and a living room. A house may have a separate dining room, or the eating area may be integrated into another room. Some large houses in North America have a recreation room. In traditional agriculture-oriented societies, domestic animals such a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1941 In Case Law
Events Below, the events of World War II have the "WWII" prefix. January * January–August – 10,072 men, women and children with mental and physical disabilities are asphyxiated with carbon monoxide in a gas chamber, at Hadamar Euthanasia Centre in Germany, in the first phase of mass killings under the Action T4 program here. * January 1 – Thailand's Prime Minister Plaek Phibunsongkhram decrees January 1 as the official start of the Thai solar calendar new year (thus the previous year that began April 1 had only 9 months). * January 3 – A decree (''Normalschrifterlass'') promulgated in Germany by Martin Bormann, on behalf of Adolf Hitler, requires replacement of blackletter typefaces by Antiqua. * January 4 – The short subject ''Elmer's Pet Rabbit'' is released, marking the second appearance of Bugs Bunny, and also the first to have his name on a title card. * January 5 – WWII: Battle of Bardia in Libya: Australian and British troops defeat I ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
